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Court Credits Debtor’s Asset Valuations but Rejects Chapter 11 Plan

Court finds debtor is hopelessly insolvent; court values two types of oil and gas assets under NAV and precedent transaction analyses, respectively, finding, in terms of NAV analysis, debtor’s expert is more credible on issues of pricing, forecasting, risking, and predicting costs.

In re Breitburn Energy Partners LP

Court finds debtor is hopelessly insolvent; court values two types of oil and gas assets under NAV and precedent transaction analyses, respectively, finding, in terms of NAV analysis, debtor’s expert is more credible on issues of pricing, forecasting, risking, and predicting costs.

FRE 702 Ruling Puts Expert in ‘Uncommon Position’

Court affirms magistrate judge’s decision to exclude expert’s ultimate conclusions but to admit his factual statements; under Rule 702, he had the specialized knowledge to provide background information helpful to court’s understanding of the evidence.

Ross v. Rothstein

Court affirms magistrate judge’s decision to exclude expert’s ultimate conclusions but to admit his factual statements; under Rule 702, he had the specialized knowledge to provide background information helpful to court’s understanding of the evidence.

Prior Deal’s Royalty Formula Captures Trade Secret’s Value

In trade secret case, appellate court affirms award for actual damages stemming from defendant gas & oil company’s misappropriation of plaintiff scientists’ study; expert reservoir engineer properly relied on the compensation formula of plaintiffs’ prior ...

Southwestern Energy Production Co. v. Berry-Helfand

In trade secret case, appellate court affirms award for actual damages stemming from defendant gas & oil company’s misappropriation of plaintiff scientists’ study; expert reservoir engineer properly relied on the compensation formula of plaintiffs’ prior ...

Expert May Use Public Information for Company Valuation

Federal court admits experts’ determination of company’s capitalization based on publicly available information under Daubert, stating that even though using this type of information is not the preferred method, it may be acceptable when the company’s sto ...

Superior Offshore International, Inc. v. Schaefer

Federal court admits experts’ determination of company’s capitalization based on publicly available information under Daubert, stating that even though using this type of information is not the preferred method, it may be acceptable when the company’s sto ...

Dueling Experts Face Daubert in Valuing Oil and Gas Interests

Court denies “dueling” Daubert motion in securities fraud case concerning an oil and gas company, finding the experts on both sides relied on relevant facts and data and generally accepted methodology, including the comparable sales approach that used BLM ...

Road Map for Reasonable Royalty in Oil and Gas Trade Secrets Case

Court denies lost profits damages for trade secret misappropriation in oil and gas case, but calculates $15.8 million reasonable royalty award based on prior “licenses” (farmout and joint exploration agreements) that were particular to the plaintiff and c ...

Reasonable Royalty Cannot Assume a ‘Financial Catastrophe’

Court excludes expert’s reasonable royalty analysis because it assumed a “financially catastrophic” deal for the licensor, one that would have eliminated all profits and revenues.

TXCO Resources, Inc. v. Peregrine Petroleum, LLC (In re: TXCO Resources, Inc.)

Court denies lost profits damages for trade secret misappropriation in oil and gas case, but calculates $15.8 million reasonable royalty award based on prior “licenses” (farmout and joint exploration agreements) that were particular to the plaintiff and c ...

U.S. Securities and Exchange Commission v. St. Anselm Exploration Co.

Court denies “dueling” Daubert motion in securities fraud case concerning an oil and gas company, finding the experts on both sides relied on relevant facts and data and generally accepted methodology, including the comparable sales approach that used BLM ...

WesternGeco LLC v. ION Geophysical Corp.

Court excludes expert’s reasonable royalty analysis because it assumed a “financially catastrophic” deal for the licensor, one that would have eliminated all profits and revenues.

Damages Limited to 30-Day Period

The U.S. Court of Appeals for the 5th Circuit considered an award of damages in this breach of contract action.

Paula L. Johnson v. Richard E. Johnson

The Mississippi Court of Appeals reversed the lower court’s characterization of three closely held businesses (two of which were established during the marriage) as the husband’s separate property because the lower court erred when it determined that the ...

Businesses Established During the Marriage Are Marital Property

The Mississippi Court of Appeals reversed the lower court’s characterization of three closely held businesses (two of which were established during the marriage) as the husband’s separate property because the lower court erred when it determined that the ...

Short-form Merger Not Subject to 'Entire Fairness' Standard

In this class action, plaintiffs, who were minority shareholders of a subsidiary corporation, Unocal Exploration Corp., filed suit against the parent corporation, Unocal, and its directors.

Glassman v. Unocal Exploration Corp.

At issue is the fiduciary duties owed by a parent corporation to the subsidiary’s minority stockholders in the context of a "short-form" merger.

In re: Unocal Exploration Corp.

At issue is breach of fiduciary duty.

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